Kim Havlin (Haviv)

Partner, New York

Biography

Overview

Kim Havlin (Haviv) is a partner in the Global Commercial Litigation Practice with extensive experience in complex business disputes. A skilled courtroom advocate and trial lawyer, Kim represents clients in a wide range of contract and business tort actions, as well as securities and class action cases and bankruptcy litigation. Kim has substantial experience across global industries, including the financial, technology, oil and gas, pharmaceutical, and shipping sectors.

Kim boasts a successful track record in major commercial disputes in both state and federal courts. She has enjoyed successes in a number of high-profile matters, including market manipulation cases with multijurisdictional implications, bet-the-company litigation, and high-stakes class actions. Kim also regularly advises clients through the early stages of potential disputes in search of practical outcomes minimizing risk and exposure.

Clients benefit from Kim's extensive experience handling cross-border disputes for international clients and her ability to navigate the complexities of legal systems in the US and abroad. Kim regularly represents non-US clients in cases involving the extraterritorial application of US state and federal laws.

Kim has achieved a string of successes in securities cases on behalf of corporations and their officers and directors, in both individual and putative class action cases. Kim has also represented debtor and creditor groups in some of the world's largest bankruptcies and restructurings and precedent-setting cases involving the recognition of foreign insolvency proceedings.

Kim's experience includes government investigations and enforcement actions, and their crossover with civil litigation, having represented financial institutions in connection with global investigations into possible violations of US and foreign antitrust, fraud and commodities laws. She has coordinated investigations by the US Department of Justice, US Commodity Futures Trade Commission, Autorité des marchés financiers, European Commission and the UK Financial Services Authority.

Committed to equal access to justice, Kim has performed extensive pro bono work on behalf of the American Civil Liberties Union, the Legal Aid Society and the Juvenile Law Center.

Kim spent 2014 in White & Case's Paris and London offices.

Prior to joining White & Case LLP, Kim served as a law clerk to the Chief Justice and the Justices of the Ontario Superior Court of Justice and its Commercial List.

Bars and Courts
US District Court for the Eastern District of New York
US Court of Appeals for the Second Circuit
US Court of Appeals for the Ninth Circuit
US District Court for the Western District of New York
US District Court for the Southern District of New York
Ontario Bar
New York State Bar
Education
JD
University of Toronto
Bachelor of Arts & Science (Hons.)
McMaster University
Languages
English
French
Hebrew

Experience

Representation of Hess Corporation in defense of an action alleging breach of contract and fraud brought by Aegean Marine, which had purchased Hess's bunker oil assets on the US East Coast. After securing dismissal of the majority of plaintiffs' fraud claims on a motion to dismiss, the remaining claims were tried in a five-day bench trial in New York Supreme Court, Commercial Division. The Court entered judgment for Hess on all counts.

Representation of an individual in prosecuting a D&O coverage claim under an insurance policy.  Following a two-week jury trial, the jury unanimously found for our client on all counts, including breach of the duty of good faith and fair dealing, and returned a multimillion-dollar award in our client's favor.

Representation of Driven Holdings against former executives who sought millions of dollars in additional equity distributions following the company's sale. The North Carolina Business Court dismissed all claims on a motion to dismiss, and the decision was affirmed per curiam by the North Carolina Supreme Court.

Representation of Anthem in a multi-billion dollar lawsuit against its pharmacy benefits manager, Express Scripts, Inc. (ESI), arising from ESI's breaches of its contractual duties to negotiate in good faith to ensure that Anthem receives market pricing for pharmaceutical drugs.

Representation of a leading European global financial institution in multiple putative class action cases relating to the setting of foreign interbank rates, in several cases securing complete dismissal on jurisdictional grounds.

Representation of a global pharmaceutical company in the defense of an action brought by a distributor alleging damages from the termination of a long-standing distributorship agreement for products in the Middle East.

Successful motions to dismiss all claims in securities class action cases against Dynegy, Talbots, and German-based technology company Aixtron SE.

Representation of China Merchants Bank as the senior secured lender in the Winland Ocean Shipping Corporation's chapter 11 bankruptcy in Texas, successfully obtaining a lift of the automatic stay following a multi-day evidentiary hearing.

Representation of OAS, one of Brazil's largest companies, in its restructuring, including chapter 15 proceedings in New York bankruptcy court, litigation in New York state court and provisional liquidation proceedings in the British Virgin Islands.

Pro bono counsel with the American Civil Liberties Union of Washington State against a public hospital district that refused to comply with legislation ensuring neutrality with respect to women's reproductive rights, winning a complete victory and resulting in a reversal of the hospital district's policies and practices.

Pro bono counsel to Legal Services NYC on an amicus brief to the US Supreme Court in Obergefell v. Hodges, the landmark case that secured marriage equality nationwide.

Publications

"City of Pontiac: Second Circuit Further Limits When US Securities Laws May Reach Non-US Securities And Issuers," The Review of Securities & Commodities Regulation, Vol. 47 No. 15 (September 3, 2014)

Awards and Recognition

Under 40 Hot List, Benchmark Litigation, 2018

Pro Bono Publico Award, The Legal Aid Society, 2012